Wednesday, October 1

Welcome and Program Introduction
This brief introduction will provide an overview of what to expect over the two days of the workshop and provide an opportunity to meet your fellow participants. We encourage coming to the workshop ready to engage with cameras on.  

Chris Herbert, Senior Relationship Manager, FOX
Allison Lawshe, Learning Center Program Manager, FOX

A Discussion on Beneficiary Well-Being  
This opening discussion will focus on the role of trusts and trustees in enhancing beneficiary well-being. It will consider the importance of having the appropriate programs in place to support beneficiary education on topics including finance, family business, philanthropy, and family legacy. The session will also explore Delaware's new Beneficiary Well-Being Statute.  

James (Jay) E. Hughes Jr., Author of Family Wealth: Keeping it in the Family, and of Family - The Compact Among Generations 
Todd A. Flubacher, Partner, Morris, Nichols, Arsht & Tunnell, LLP  

Introduction to Trusts: Structure, Roles, and Desirable Features

This session will review the essential aspects of trusts. Who are the relevant parties and what do trustees, other trust fiduciaries, and beneficiaries need to know as basic foundation for administering or otherwise interacting with trusts. This session will provide an overview for and set the stage for the remaining sessions over the two-day Workshop.

Kim Kamin, Partner, Partner, Chief Wealth Strategist, Gresham Partners LLC
Allison Lawshe, Learning Center Program Manager, FOX

Lunch Break

Crash Course for Trustees and Beneficiaries: Responsibilities, Powers, Rights, and Wishes
Trustee-beneficiary relationships enjoy a lengthy legal history fairly unique in the world to societies founded by English law. Aaron Hegji, Esq., Senior Planning Advisor with Planning Advisory Services and a practicing trusts and estates attorney with Harrison LLP, will prepare the audience to administer trusts or interact with their trustees by providing checklists, quick reference guides, and the tools necessary to use them. 

Aaron M. Hegji, Chief Fiduciary Officer, Wealthgate Trust Company
Chris Herbert, Senior Relationship Manager, FOX

Distribution Provisions: Understanding the Issues and Options
This session will discuss general distribution provisions and will discuss the key issues related to discretionary trust distributions covering the many factors that distribution committee members or trustees should consider when faced with requests for discretionary distributions.  

Gerard F. Joyce Jr., Senior Counsel, Perkins Coie
Chris Herbert, Senior Relationship Manager, FOX

Trustees and Beneficiaries – How Does it Really Work?
Trustee and beneficiary share their experiences. They will discuss their trust structures, the decision-making process that led to those structures, and various roles and responsibilities required for success. In addition, as trustee will provide examples of how best to work with the family, as the beneficiary and vice versa. They will then take questions about the realities of being a trustee and beneficiary and the unique nature of that relationship. 

Allison Lawshe, Learning Center Program Manager, FOX

Thursday, October 2

Introductions and Recap of Day 1

Allison Lawshe, Learning Center Program Manager, FOX

Fiduciary Disputes in Family Held Enterprises 
This session will explore the myriad reasons the risk of conflict is heightened in the family business and trust context, how to mitigate that risk, and will provide tips and strategies to consider when conflict veers toward litigation. 

Meghan E. Tepas, Partner, Croke Fairchild Duarte & Beres 
Chris Herbert, Senior Relationship Manager, FOX 

Building Life-Enhancing Relationships with Beneficiaries: An Independent Trustee's Perspective

Research and experience consistently show that one of the most significant determinants for the success of a trust is the quality of the relationship between the beneficiary and the trustee. In this presentation, Dr. Whitaker, who serves as a consultant to families and as an independent trustee, will share the following:

• The centrality of enhancing the beneficiary's life to the trustee's duty of care.
• Steps that trustees and beneficiaries can take to develop strong relationships.
• A multi-generational case example illustrating these points.

Keith Whitaker, Founder, Wise Counsel Research, and Private Trustee
Allison Lawshe, Learning Center Program Manager, FOX

Selecting the Right Trustee and Role of Trust Protectors within the Trust World
One of the most important decisions the grantor of a trust will make is picking the person or institution that will be in-charge of managing the trust’s assets and executing the fiduciary duties it requires. Building on the prior sessions, Jason Kohout and Stephanie Derks will review various trustee options, note the pros and cons of each option, and identify how to select the most qualified trustee for your family’s circumstances.

Stephanie J. Derks, Senior Counsel, Foley & Lardner
Jason Kohout, Partner, Foley & Lardner

Chris Herbert, Senior Relationship Manager, FOX

Managing Fiduciary Risks 
Discussion of “fiduciary risk” has traditionally focused almost exclusively on a trustee’s risk of being sued.  However, this is only one of the adverse outcomes in a trust relationship to consider when approaching risk management.  We will look at several areas in which the trust relationship might fail, some of which might lead to stakeholder conflict. We will also review best practices to manage and hopefully avoid those risks. 

Richard E. Fogg, Esq., Managing Director, President and Senior Trust Officer, Lineage Family Trust Company, LLC 
Chris Herbert, Senior Relationship Manager, FOX 

Bringing it All Together
Kim Kamin will bring the workshop’s lessons to life by leading an interactive session for attendees to explore their current challenges, share key learnings, and consider actions to take as a result of the workshop. The discussion will be an opportunity to ask your specific questions in addition to sharing insights and experiences as peers.  

Kim Kamin, Partner, Chief Wealth Strategist, Gresham Partners LLC
Allison Lawshe, Learning Center Program Manager, FOX